Greensboro Personal Injury Lawyerhttp://greensboro.legalexaminer.com
Contact the Greensboro personal injury lawyers at Egerton & Associates for safety, injury and accident information or if you have been injured due to the negligence of another.Thu, 30 Jul 2015 21:50:08 +0000en-UShourly1http://wordpress.org/?v=4.1DePuy Pinnacle hip implant trial date scheduled for January 2016http://greensboro.legalexaminer.com/medical-devices-implants/depuy-pinnacle-hip-implant-trial-date-scheduled-for-january-2016/
http://greensboro.legalexaminer.com/medical-devices-implants/depuy-pinnacle-hip-implant-trial-date-scheduled-for-january-2016/#commentsThu, 30 Jul 2015 21:49:51 +0000http://greensboro.legalexaminer.com/?p=1832After selecting a group of nine cases to proceed toward trial, the federal judge presiding in the DePuy Pinnacle hip implant cases has set a trial date of January 6, 2016. Leading up to the January trial date are several deadlines by which the plaintiffs and defendants must prepare and submit amended pleadings and discovery documents.

Image / Hip Replacement Survivors

There are currently over 7,000 plaintiffs with suits filed in the Northern District of Texas, where the Pinnacle lawsuits have been consolidated. The plaintiffs allege that the Pinnacle hip implant, which included some metal-on-metal components, caused severe injuries, sometimes leading to revision surgery.

To learn more about complications arising from some implants and other associated medical and legal issues, click here.

DePuy is still in the process of settling thousands of claims involving its ASR hip implant, which was another metal-on-metal hip replacement device. DePuy recalled the ASR model after high rates of revision surgery were reported.

Unlike the ASR, the Pinnacle hip implants have not been recalled.

DePuy was successful in its first trial defending the Pinnacle hip device, which concluded last fall. However, some have contributed that success to a plaintiff whose case was not representative of the majority of people injured by the Pinnacle hip implant.

Egerton Law will continue to update you on developments in the DePuy Pinnacle hip implant lawsuit. Visit our website at www.egertonlaw.com for more information.

Over a thousand cases have been consolidated in front of a federal judge in Illinois concerning problems with Zimmer’s NexGen high flex knee replacements. Only one component of the NexGen system, the MIS Tibial device, was recalled due to modifications of the surgical technique issued by Zimmer after reports of loosening.

The lawsuit alleges problems with the MIS Tibial component as well as the LPS-Flex and CR-Flex femoral components that are part of the Zimmer NexGen knee implant system.

As we at Egerton Law previously reported in March of this year, Zimmer issued a recall on another knee replacement component called the Persona Trabecular Metal Tibia Plate. This device, which entered the market in late 2012, was also recalled due to reports of loosening.

Loosening of the components of a joint replacement device sometimes require that patients undergo a second operation, or revision surgery, to correct the problem.

For more information on the Zimmer knee replacement recalls, including an update on the NexGen knee implant lawsuit, visit the Egerton Law website.

]]>http://greensboro.legalexaminer.com/medical-devices-implants/zimmer-nexgen-knee-implant-bellwether-trial-scheduled-for-october/feed/1Dispelling misconceptions about medical device and drug lawsuitshttp://greensboro.legalexaminer.com/fda-prescription-drugs/dispelling-misconceptions-about-medical-device-and-drug-lawsuits/
http://greensboro.legalexaminer.com/fda-prescription-drugs/dispelling-misconceptions-about-medical-device-and-drug-lawsuits/#commentsTue, 19 May 2015 00:53:34 +0000http://greensboro.legalexaminer.com/?p=1820Many people who contact us at Egerton Law about a possible medical device or drug lawsuit share the same concern: they like their doctor, and are worried about getting him or her caught up in the legal battle.

Although both types of cases involve medical treatment that has caused serious injuries, product liability claims against a medical device or drug manufacturer are very different from a medical malpractice suit against a doctor.

Image / Wikimedia

In a product liability lawsuit, injured parties seek compensation from the manufacturer of the device or drug that caused their injuries. The manufacturer may be liable because of insufficient safety testing, or failing to warn of dangers associated with the drug or device, among other reasons. Sometimes the product must be removed from the market because the risks involved with its use are so high as to outweigh any benefit that it provides. Other times, the manufacturer must bolster the warning labels that accompany the product to adequately warn the public of the risks the drug or devices poses to its users.

When questions about the safety of a product are the reason for a lawsuit, the doctors who used or prescribed the product in treating patients may be concerned. Are they to blame for using or recommending those particular products?

In most cases, doctors have been shielded from the same information as the patients: the true risks involved in using the drug or device in question. If your doctor was not aware of the risks because the manufacturer concealed or minimized the truth, your doctor will not be held responsible for your injuries.

]]>http://greensboro.legalexaminer.com/fda-prescription-drugs/dispelling-misconceptions-about-medical-device-and-drug-lawsuits/feed/0Zimmer, Inc. knee implant recall Q & Ahttp://greensboro.legalexaminer.com/medical-devices-implants/knee-implant-recall-q-a/
http://greensboro.legalexaminer.com/medical-devices-implants/knee-implant-recall-q-a/#commentsSat, 25 Apr 2015 19:48:56 +0000http://greensboro.legalexaminer.com/?p=1812As Egerton Law recently reported the medical device manufacturer Zimmer, Inc., has issued a recall of all lots and sizes of their Persona Trabecular Metal Tibial Plate/Persona TM Tibia. The device, on the market since late 2012, was recalled after increased complaints of loosening after implantation, which sometimes requires revision surgery to correct.

Since our initial report, we have received inquiries from many individuals who have suffered pain after undergoing total knee replacement surgery and wonder if they have a claim. If you have continued problems after knee replacement surgery, and joint replacement surgery in general, you may find the following questions and answers helpful.

X-ray of an example total knee replacement, side view. / Wikipedia

Q:I got my knee replaced before 2012 and have had problems ever since. I know it is a Zimmer. Do I have a claim?

A: The recently recalled component of the Zimmer Persona device was not used until late 2012, so you do not have a claim related to this recall. In fact, Zimmer manufactures several different knee replacement models that have had high rates of success. However, Zimmer previously issued a recall on the NexGen MIS Tibial Components, requiring a change in the surgical technique used in connection with this device. If you received the NexGen MIS device prior to the updated surgical techniques, you may also have a claim.

Q:I know that I have a Zimmer knee replacement that was implanted after 2012. I have not been having any trouble, but I am worried I might have the recalled device. What should I do?

A: If you have no problems after receiving a knee replacement, you are part of the majority of people who experience a successful joint replacement surgery. Joint replacement devices may be recalled after a higher than normal failure rate is discovered. This does not mean that everyone who receives the affected device will experience problems. Actually, a “higher than normal” failure rate is generally still a very small percentage, and the chances that your device will fail is very low. If you do begin to experience problems down the road, make sure you follow up with your doctor and report these changes.

Q:I had a knee replacement that had to be revised, but I don’t know what company manufactured it. How do I know if I have a claim?

A: The first step in determining whether you have a claim against the manufacturer of a device is to find out which device you received. Hospital records will provide you with this information.

Other factors to be considered are what caused the need for a revision surgery (was it a problem with the device, or something else?), and how much time has passed since your original knee replacement surgery. Joint replacements typically have a life-span of 15 to 20 years. If you required revision surgery long before the expected life span, there is a possibility of premature device failure.

Q:I had my knee replaced within the last year, and it still doesn’t feel right. How do I know if I need a revision surgery?

A: Everyone has a different healing process after joint replacement surgery. Talk with your doctor if you are experiencing continued pain after a knee replacement. Make sure you follow through with all physical therapy exercises, and ask questions at doctor visits if you are unsure whether you are healing properly. You can also visit a new orthopaedic doctor for a second opinion if you choose.

We at Egerton Law hope this article helps to answer some of the more common questions about the Zimmer Persona knee replacement recall. If you have additional questions regarding your knee replacement and any potential claims, a medical device attorney can help you find answers. Visit our website for more information.

]]>http://greensboro.legalexaminer.com/medical-devices-implants/knee-implant-recall-q-a/feed/0Pharmaceutical Company to Offer Billions to Settle ACTOS Lawsuitshttp://greensboro.legalexaminer.com/fda-prescription-drugs/pharmaceutical-company-to-offer-billions-to-settle-actos-lawsuits/
http://greensboro.legalexaminer.com/fda-prescription-drugs/pharmaceutical-company-to-offer-billions-to-settle-actos-lawsuits/#commentsThu, 02 Apr 2015 21:18:56 +0000http://greensboro.legalexaminer.com/?p=1798ACTOS is a prescription medicine used with diet and exercise to improve blood sugar (glucose) control in adults with type 2 diabetes. ACTOS is the commercial name of the diabetes medicine called pioglitazone that may be taken alone or with other diabetes medicines, per the FDA. This type of drug has been marketed by the names of ACTOS and ACTOPLUS MET, and has been proven to increase the risk of bladder cancer in its users.

Image/ U.S. National Cancer Institute’s Surveillance, Wikimedia

The drug is manufactured by the biggest Asian pharmaceutical company, Takeda Pharmaceuticals, and is marketed in the United States by Eli Lilly and Company. The drug was launched in the U.S. in 1999 and has been under attack since 2005 for its cancer-causing potential. Various independent studies were performed to confirm this cancer-causing correlation and prompted the drug to be pulled off the market in France and Germany by 2011.

On August 4, 2011, the FDA issued a safety warning informing the public of changes to the ACTOS drug label to advise that the use of pioglitazone-containing medications for more than one year may be associated with an increased risk of bladder cancer. In the same year, the first ACTOS bladder cancer lawsuits were filed. So far at least 4,200 cases have been filed against both the manufacturer and the marketer in Federal Court, as well as thousands more individual cases in state courts.

Our attorneys at Egerton Law have been following the progress of these cases to provide our clients with current information. We have learned that juries have awarded $6.5 million and $1.5 million to plaintiffs from cases tried, for injuries sustained and medical bills. In the most recent case, and the first one tried in Federal Court, the jury also imposed punitive damages on both companies for a total amount of $9 billion, due to failure to warn of the potential danger of bladder cancer, hiding the propensity of the cancer to develop, and negligence in the drug’s marketing efforts. Based on data compiled by Bloomberg, the $9 billion jury award is the seventh-largest in U.S. history.

Recently, information has surfaced that Takeda Pharmaceuticals has offered to pay more than $2.2 billion to resolve the claims currently pending in the Federal Court and those in state courts such as Illinois, West Virginia, California and Pennsylvania. Losing cases that result in these large verdicts may have convinced Takeda and Eli Lilly to now consider settling the cases to prevent additional awards. If a settlement is reached, it would be the first one in 3 years of ACTOS related litigation.

According to the Federal Court’s MDL docket, the first formal settlement negotiations have been scheduled for April 16, 2015, and they will go on to at least March 18, 2016. The pressure of additional litigation is mounting on Takeda and Eli Lilly to come up with fair compensation for the claimants.

At Egerton Law, our experienced attorneys can answer your questions about injuries, including bladder cancer that you may have suffered due to the use of ACTOS or any other pioglitazone-containing medications.

If you, or someone you know, has suffered bladder cancer after taking ACTOS, and you want more information concerning bladder cancer, you can contact us by phone or with our web contact form.

]]>http://greensboro.legalexaminer.com/fda-prescription-drugs/pharmaceutical-company-to-offer-billions-to-settle-actos-lawsuits/feed/0Tragic Raleigh scaffolding accident a reminder of the importance of workplace safetyhttp://greensboro.legalexaminer.com/workplace-injuries/tragic-scaffolding-accident-a-reminder-of-the-importance-of-workplace-safety/
http://greensboro.legalexaminer.com/workplace-injuries/tragic-scaffolding-accident-a-reminder-of-the-importance-of-workplace-safety/#commentsTue, 24 Mar 2015 22:03:28 +0000http://greensboro.legalexaminer.com/?p=1792How often in life do we go through the motions without thinking? Driving to work, doing our jobs, doing things around the house. Only to be shocked into awareness when we learn that something unexpected or horrible has happened. A plane crash, a car accident, or something completely unforeseen. After yesterday’s scaffolding accident in Raleigh, we are unfortunately reminded that job safety can sometimes mean life or death.

Image / OldCrow – Wikipedia

Three workers were killed and one injured when they fell during a scaffolding collapse at a high-rise building under construction in downtown Raleigh. An investigation is being conducted into how this tragic accident occurred and what caused the scaffolding to collapse.

The state Occupational Safety and Health Division’s investigation of the incident could take three to six months to complete, Labor Department spokesman Neal O’Briant told the News & Observer of Raleigh. Investigators will assess records and interview witnesses as they try to figure out what happened, O’Briant said.

Three lives were lost and at least one person injured, but the impact of this tragedy will sadly affect many others. Family foremost, but also friends and co-workers. All must deal with the terrible aftermath of such a tragedy.

Navigating workers’ compensation regulations and dealing with insurance companies can be added weights. Companies that employ three or more employees are required by the State to carry workers’ compensation insurance for their employees. When an employee is injured or killed on the job, while in the course and scope of their employment, there is coverage for them or their families in the event of death.

Call Egerton Law at 1-800-800-4LAW if you have workers’ compensation questions or to find out what you or a loved one may be entitled to under the law. You can also fill out a web contact form to have one of our attorneys contact you.

]]>http://greensboro.legalexaminer.com/workplace-injuries/tragic-scaffolding-accident-a-reminder-of-the-importance-of-workplace-safety/feed/0Medical device manufacturer Zimmer issues voluntary recall of knee replacementhttp://greensboro.legalexaminer.com/medical-devices-implants/medical-device-manufacturer-zimmer-issues-voluntary-recall-of-knee-replacement/
http://greensboro.legalexaminer.com/medical-devices-implants/medical-device-manufacturer-zimmer-issues-voluntary-recall-of-knee-replacement/#commentsFri, 20 Mar 2015 17:32:55 +0000http://greensboro.legalexaminer.com/?p=1787Here at Egerton Law we are continually learning of new devices and drugs that are causing harm to individuals on a large scale. We research and evaluate claims against medical implant and drug manufacturers to help injured victims obtain the compensation they deserve.

The most recent recall that we are investigating was announced by the U.S. Food and Drug Administration on March 12, 2015. The FDA reported a Class 2 Recall for the Zimmer Persona Trabecular Metal Tibial Plate/Persona TM Tibia. The recall applies to all lots and sizes. Over 11,000 of the Persona tibia devices are on the market, and Zimmer describes its product in detail on its website.

X-ray of an example total knee replacement, side view. / Wikipedia

The Zimmer Persona knee replacement devices were distributed throughout 25 states, including right here in North Carolina.

Zimmer initiated this voluntary recall due to increased reports of loosening after implantation. The FDA issues a Class 2 Recall when a device “may cause temporary or medically reversible adverse health consequences.” Loosening of the tibial plate of a knee replacement may cause a need for a revision surgery to replace the defective component.

Zimmer’s Persona knee replacement recall is just the latest in a number of highly publicized medical device recalls over the last several years. In fact, Zimmer issued voluntary recalls of its metal-on-metal hip device, the Durom Cup, in 2008, and of the NexGen Complete Knee Solution MIS Tibial Components in 2010. The NexGen Tibial Components were also recalled due to reports of loosening of the knee replacement device, which led to revision surgeries for many patients.

If you have continued or increased pain after knee replacement surgery, talk to your doctor about what is causing the pain. Doctors are often required to inform patients if a recall has been issued on a device the patient received – but recalls will not be issued until the manufacturer is aware of a widespread problem with a device.

The attorneys at Egerton Law can help you determine whether you have a legal claim for injuries caused by defective devices like the Zimmer knee replacement devices. If you have had complications after a knee replacement surgery, and your doctor has suggested a revision surgery may be necessary, call our office to speak with an experienced attorney.

Call Egerton Law at 1-800-800-4LAW for a free consultation about your potential hip replacement device claim. You can also fill out a web contact form to have one of our attorneys contact you.

]]>http://greensboro.legalexaminer.com/medical-devices-implants/medical-device-manufacturer-zimmer-issues-voluntary-recall-of-knee-replacement/feed/0Hernia mesh implants still causing injuries to patientshttp://greensboro.legalexaminer.com/medical-devices-implants/hernia-mesh-implants-still-causing-injuries-to-patients/
http://greensboro.legalexaminer.com/medical-devices-implants/hernia-mesh-implants-still-causing-injuries-to-patients/#commentsThu, 19 Mar 2015 09:44:46 +0000http://greensboro.legalexaminer.com/?p=1782Media attention has focused recently on problems with surgical mesh used to treat pelvic organ prolapse and stress urinary incontinence. A few years ago, the surgical mesh in the news was that used to repair hernias. Egerton Law continues to receive reports of individuals seriously injured after receiving a surgical mesh implant for hernia repair.

Surgical mesh / image – Doctoroftcm – Wikipedia

In 2005, device manufacturer C.R. Bard, a subsidiary of Davol, Inc., initiated a recall of certain lots of its Composix Kugel Mesh device. The Kugel mesh, used to repair hernias, is made with a recoil ring that helps the mesh spring into place as it is implanted. It was found that this ring would break, potentially causing internal puncture wounds to individuals receiving the mesh.

Over the next year, Bard expanded the recall to include several additional lots of the Kugel mesh device after continued reports of ring breakage.

Lawsuits filed against Bard were consolidated in a Rhode Island federal court. After years of trial preparation, most of the lawsuits regarding the Kugel mesh devices have been resolved.

During court proceedings, the lawsuit was expanded to address injuries caused by many different types of Bard surgical mesh products. Even products without the recoil ring can cause injuries due to the stiff plastic material, which can become jagged and cause internal damage.

At Egerton Law, we continue to learn of individuals who have been harmed after receiving surgical mesh implants for repair of hernias. These individuals have been forced to undergo multiple surgeries, and are left with permanent injuries. Young people who have been injured by these devices may be unable to work for the rest of their lives.

Our attorneys continue to handle cases alleging injuries caused by hernia mesh products. If you or a loved one has been injured after receiving surgical mesh to repair a hernia, contact Egerton Law at 1-800-800-4LAW or fill out a web contact form to discuss your case with a product liability lawyer.

]]>http://greensboro.legalexaminer.com/medical-devices-implants/hernia-mesh-implants-still-causing-injuries-to-patients/feed/2DePuy to accept hip implant claims dating up to Jan. 30, 2015http://greensboro.legalexaminer.com/medical-devices-implants/depuy-to-accept-hip-implant-claims-dating-up-to-jan-30-2015/
http://greensboro.legalexaminer.com/medical-devices-implants/depuy-to-accept-hip-implant-claims-dating-up-to-jan-30-2015/#commentsThu, 12 Mar 2015 21:26:41 +0000http://greensboro.legalexaminer.com/?p=1778DePuy Orthopaedics has recently announced it will begin accepting claims from ASR hip implant recipients who underwent revision surgery between August 31, 2013 and January 30, 2015. Even if you do not have a lawyer representing you at this time, you can file a claim for compensation if you qualify.

Image / Hip Replacement Survivors

The “Round 2” Settlement Program is very similar to the first program. Each individual claimant begins with an amount of $250,000, which is then reduced for certain factors, such as obesity or tobacco use. For married claimants, a $1,500 payment for spouses is also included.

Claimants who experienced “extraordinary injuries”, such as multiple revisions, dislocations, infections, and heart attacks, may be eligible for additional compensation that will be paid separately from the base award. Our lawyers have experience with the previous DePuy ASR hip settlements, and can ensure that you provide sufficient evidence to maximize your recovery.

The deadline for submission of these claims is May 1, 2015. Claimants will be required to complete and submit a number of legal forms, and produce dozens of pages of medical records.

Payment dates have not been announced, but may be several months after the claims are submitted.

The DePuy ASR hip implant devices were first recalled in 2010, but many recipients of the defective device have yet to be compensated. The initial settlement agreement, signed in November 2013, addressed only those claimants who had undergone revision surgery prior to August 31, 2013, leaving unanswered questions for thousands of other recipients of the device.

The latest agreement for Round 2 DePuy ASR claimants will bring closure to thousands more people who have been injured by the device and underwent revision surgery between August 31, 2013 and January 30, 2015.

But what if your revision surgery is scheduled for a date after January 31, 2015? What if your doctor says you need a revision surgery, but other medical conditions make it too dangerous for you to have the DePuy ASR surgically removed? These questions have yet to be answered by DePuy – a subsidiary of Johnson & Johnson. To learn more about complications arising from some implants and other associated medical and legal issues, click here.

Based on the course of events so far, we can expect that revisions occurring after January 31, 2015 will be brought under some future settlement program. Be prepared for an upcoming settlement program by consulting an attorney today.

Pressure is mounting on DePuy to also come up with a plan for compensation of ASR hip implant recipients who are medically unable to undergo a revision surgery, but no such plan has yet been announced. Our firm is gathering supporting documents for clients in this category in anticipation of a DePuy ASR Settlement Program for these individuals as well.

At Egerton Law, our experienced hip implant attorneys can answer your questions about your DePuy ASR hip implant claim. Whether you have already had a revision surgery or not, and whether you plan to file your claim with the help of an attorney or not, call us today at 1-800-800-4LAW, or complete our web contact form. We can help you prepare to file a claim for compensation for injuries caused by the DePuy ASR hip implant.

]]>http://greensboro.legalexaminer.com/medical-devices-implants/depuy-to-accept-hip-implant-claims-dating-up-to-jan-30-2015/feed/0Tractor-trailer with oversized load hit by Amtrak Trainhttp://greensboro.legalexaminer.com/mass-transit-airline-cruise-ship-train-bus/tractor-trailer-with-oversized-load-hit-by-amtrak-train/
http://greensboro.legalexaminer.com/mass-transit-airline-cruise-ship-train-bus/tractor-trailer-with-oversized-load-hit-by-amtrak-train/#commentsWed, 11 Mar 2015 18:20:49 +0000http://greensboro.legalexaminer.com/?p=1773A tractor-trailer carrying an oversized load got stuck at a railroad crossing and was hit by an Amtrak passenger train this week in Halifax, N.C. Luckily, no one was killed, although more than 60 passengers on the train reported injuries, when several of the train’s passenger cars derailed. According to witnesses, the truck, which was reportedly being escorted by a flag vehicle and a state trooper, and was transporting a modular building, had been stuck at the crossing for as long eight minutes prior to the accident.

According to reports, neither Amtrak nor CSX Railroad has indicated that they received any calls regarding a truck being stuck on the track. According to the state transportation secretary, there is a sign at the crossing that provides a phone number to call in the event of an emergency, such as a stranded vehicle. CSX officials have said that they could have stopped the train if they’d received a timely call.

The truck belongs to Guy M. Turner Inc., an industrial transport specialist based in Greensboro, according to one report.

Understandably, there is a long history of trains and motor vehicles colliding at railroad crossings like the one in Halifax. In North Carolina, the law provides that railroad companies have a duty to exercise reasonable care in maintaining crossings over public highways, although the State maintains the authority to tell railroad companies when and under what conditions warning devices must be placed at such crossings. Railroad companies must provide reasonably safe conditions that permit safe and convenient passage by drivers exercising ordinary care. However, a railroad company is not an absolute insurer of travelers’ safety and is not expected to maintain a foolproof crossing or a crossing at which no injury is possible. Rather, railroad companies are only liable for injures that are caused by a defect or other condition which exists in its right-of-way over public crossings, and drivers themselves are charged with behaving in a manner which is reasonable and prudent under the circumstances.

North Carolina is one of the few remaining states that recognize the doctrine of contributory negligence, which states that a plaintiff may not recover from a defendant if the plaintiff himself is negligent. When a railroad crosses a public highway, the traveler and the train have equal rights to cross, but the traveler is ordinarily charged with yielding right-of-way to the train. Generally, the mere presence of a railroad crossing is considered to be a warning of potential danger. When a driver is familiar with the area and the crossing, and fails to take the necessary precautions when approaching the crossing, he or she may be more likely to be found contributorily negligent.

Ultimately, there are several lessons to be taken away from this unfortunate accident, but one of the most important may be knowing that there are ways to avoid an accident like this. Simply by calling the number on the posted sign, and informing the train company of the stranded truck, this accident might have been avoided.